Problems with New Build House

pilotmike7

Hi,

I am new to the forum and not sure if this is the correct place so apologise in advance.

We recently bought a new build house less then 2 years ago and have had a host of problems with it. I have followed all the complaint procedures with the building company and it has even gone to the point of sending the complaint to NHBC. NHBC only seem to reissue the work to the builder to complete in a time frame and on every occasion the builder is outside of this and when they do come to take care of some of the repairs they don't fix them and seem to bodge it.

I feel cheated and nothing seems to be getting done about fixing the issues in my house and NHBC don't seem to be providing a solution either.

I wanted to know if anyone could provide me advice on if there is an ombudsman for new builds and builders or if it would be acceptable for me to sue the builder for the condition of the property?

It may help to list some of the issues with the property so you can see where i am coming from.

Plaster board tape lines and pop holes showing on walls and ceilings in pretty much every room.

Windows leak and are not weather tight, glass is also scratched.

Front door frame wonky, not weather tight and moves in frame.

Rear french doors have gaps in trim so you can see outside when they are closed, also move in frame.

Garage roof leaks.

Garage floor cracked and gets water ingress.

Garage wall is not plum and leans in, mortar also is cracked at all gable joins.

Compound stains on brick work.

Lights flicker for 4 secs at a time every 45 minutes.

Internal door frames not straight and joinery doesn't line up.

Ceilings are not level and taper in the corners of the rooms.

These are the main items, i have taken care of the smaller ones but refuse to do anything else as i paid for a new build so i didn't have to do major repairs etc.

I appreciate any help in advance as i seem to be at a dead end with all other avenues.

Thanks

Furts

A massive can of worms and nobody can answer in a quick Forum manner.

First look at matters from NHBC perspective. Here you should have undertaken a full building survey on every item before you purchased. Then you reduce your price accordingly to factor in repairs. Regrettably this means you appear to be failing in accepted NHBC procedures. Which means why should NHBC be assisting your failure in due diligence?

Second, the person you purchased off ... they should have undertaken a full survey before purchase followed up by snagging followed up by reporting all issues promptly. It appears they were woeful here and failed to enter the agreed procedure of new home purchase. Which means why should NHBC bail out a blatant failure of due diligence?

On a positive note despite multiple failures from the consumers side NHBC cannot just walk away - they have to offer some form of help. But be realistic - their heart will not be in love with this, and who can blame them?

Then look at matters from the developers perspective. 95% of new home owners could not care less about anything regarding their new home. Your previous purchaser was one of these 95%. Which means the developer sets build standards and all round customer care to satisfy the tardy, apathetic 95%. But in mitigation the builders staff levels will be woeful, and the knowledge base almost non existent. Which means the builder will be clueless on what is wrong, and clueless on how to put matters right. This of course, is just what you are finding in all aspects.

You need to ratchet up and go through NHBC Resolution - or whatever terminology your warranty uses here. Some of your issues like scratched glass are futile, others like loose door frames could be put down to neglect and heavy handed use. Other issues, if minor, are best left for you to DIY. Be realistic and expect DIY because your home is not brand new.

Then remember some golden rules, or fundamentals. Remember the majority of new build homes have dismal quality - that is a fact of life. Remember NHBC are short of adequate staffing. Remember NHBC is funded by, and therefore sympathetic to, the builder. Remember nobody buys a new home and expects an easy ride on quality. Remember savvy people do not buy new homes- the problems and the value put them off.

You have to decide on getting expert help. To assist with Resolution you should have somebody on board. However neither NHBC nor the builder will like this. Which means in order to discourage you NHBC will not fund this! An exception is if you have a prior agreement.

If Resolution has failed then you go to the next stage - take matters stage by stage here.

You could name the builder and the approx location - people in your area may be able to chip in with comments. If it is a big name like Bovis, or some of the other nameless dis-reputables, then I really feel for your situation.

pilotmike7

Hi,

Thank you for your response.

Just to clarify i am the first tenant in the house as we bought it new, the repairs have taken 18 months for them to complete and they are still not to standard.

This is where i wanted to know if anyone can offer advice on this to see if i can take a civil case against them for damages due to the house being less than perfect and the fact they have still not rectified the problems.

They have now finally agreed to correct the wonky garage wall and repair the roof leak. I have a classic car that is being restored in the garage and is hence not road worthy, when i asked the builder to cover the cost of storage they refused and stated this is my problem despite them not building the garage correctly in the first place.

If anyone can offer assistance as to where i stand legally in pursuing them i would appreciate it as i seem to have exhausted all NHBC and complaint options with the building group.

Furts

What would a civil case achieve? Very little is my guess except incurring huge legal expenses. You will be after compensation, but for what? Then based on what laws and precedent? The only winners will be the legal bods who will milk this case.

The reality is you are dealing with property law which means people's beliefs about consumer rights do not apply here. Which makes matters difficult, specialised and expensive to pursue. Which in turn means people do not go down this route.

Like it or not you are a guilty partner is this saga and you have been negligent. The builder and the NHBC will be viewing you in this light, but the builder, and perhaps, the NHBC have also been negligent. So the two, or three, of you become a difficulty for anyone to sort out. In turn your negligent behaviour means your likelihood of any legal redress is weakened.

Your efforts should be directed to getting your home sorted out. That should be your sole focus and not a civil case. Your problems are an every day occurrence, and it is likely some, of the 18 month time frame is down to you.

All this may sound harsh, and I may not have your cased properly weighed up. However I can only work on what you have posted, and here you do not come across as knowing about the ins and outs of new home buying nor the NHBC. I suggest the legal bods would be rubbing their hands with glee at the prospect of taking on your case.

dhokes

What's the name of the builder/development site? You could try reaching out to them/their potential customers on their social media accounts and see if the builder responds.

missile

To resolve issues with my new build. I employed a surveyor to report on the defects and supervise the repairs. Money well spent IMHO.

pilotmike7

Thank you for the reply, you are right i know very little about the house buying or NHBC process as this is the first house purchase i have made. With regards to the 18 month time frame i accept no responsibility in delaying this process as it is the builder that refused to accept any issues were present with the property which were reported right from hand over of keys. The NHBC have also not helped with the speed of the process by there reporting methods which have led no where. I guess from the responses i am just going to have to put this down to faults with this property, learn from the mistakes and pay for all movement and storage of items while they repair what should have been perfect in the first place.

Furts

There are different ways of viewing your problems. If one is talking about ethics, professionalism and so on then what you have experienced is wrong. If one is being pragmatic then your experience goes with the territory in new home buying. Here the builders, the developers and NHBC have generations of experience in how to mislead and con folks.

It is really is a classic case for consumers to wise up and be "buyer beware". Being pragmatic there is no other way to counter what you you have faced. Education, and knowledge is the only way.

Unfortunately you fell at the first hurdle and you are paying the price. You have to be proactive now, you have to put yourself out, you have to accept effort and expense is involved and you have to do all this and more.

There is no alternative other than giving in which of course is what the system is trying to make you do. Here it is back to the generations of experience. The builder and the NHBC have deliberate policies to drag matters out hoping you will just give in. Your mistake was to get involved in playing this game by their rules.